RAAB v. BOROUGH OF AVALON


921 A.2d 470 (2007)

392 N.J. Super. 499

Henry E. RAAB and Clara V. Montagna, Plaintiffs-Appellants, v. BOROUGH OF AVALON, Defendant/Third-Party Plaintiff-Respondent, v. State of New Jersey, Department of Environmental Protection, Third-Party Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided April 30, 2007.


Attorney(s) appearing for the Case

Marc D. Haefner, Roseland, argued the cause for appellants (Connell Foley, attorneys; Frederick W. Schmidt, Jr., Cape May Courthouse, of counsel; Mr. Haefner and Tricia B. O'Reilly, Roseland, of counsel and on the brief). Michael J. Donohue, Stone Harbor, argued the cause for respondent Borough of Avalon.

Lewin J. Weyl, Deputy Attorney General, argued the cause for respondent State of New Jersey, Department of Environmental Protection (Stuart Rabner, Attorney General, attorney; Patrick DeAlmeida, Assistant Attorney General, of counsel; Brian Weeks, Deputy Attorney General, on the brief).

Before Judges CUFF, FUENTES and BAXTER.


The opinion of the court was delivered by

FUENTES, J.A.D.

Plaintiffs, Henry E. Raab and Clara V. Montagna, appeal from the summary judgment dismissal of their claims against defendant, Borough of Avalon ("the Borough"). Plaintiffs sought compensation for the physical taking of their property by the Borough, together with damages under 42 U.S.C.A. § 1983.

Plaintiffs' complaint concerned vacant oceanfront...

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